가. 사실오인 피고인은 피해자 D의 손가락을 꺽은 적이 없고, 무전기를 던진 적도 없다.

The escape of the victim is only the victim's wife in the process of putting the defendant's bags on the victim's hand.

Nevertheless, the lower court erred by misapprehending the facts, thereby finding the Defendant guilty of each of the facts charged.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing is too unreasonable.

2. Determination:

가. 사실오인 주장에 대한 판단 증인 D의 법정진술을 포함하여 적법하게 증거조사를 마쳐 채택한 증거들을 종합하면, 피고인이 공소사실과 같이 피해자의 손가락을 꺾고, 발로 다리를 찼으며, 무전기를 빼앗아 안테나를 부러뜨렸던 사실을 충분히 인정할 수 있다.

Defendant’s assertion of mistake is not accepted.

B. There is no significant change in circumstances after the judgment of the court below on the assertion of unfair sentencing.

In light of all the circumstances asserted as the grounds for appeal, such as the Defendant’s health condition and economic situation, the lower court’s sentence cannot be deemed unreasonable, even if it is deemed that the Defendant’s punishment was unreasonable.

Therefore, the defendant's assertion of unfair sentencing is not accepted.

3. The defendant's appeal is all dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.